Winner’s Choice ReStockX All-Star 2020 Official Rules
2/18/2020-2/20/2020
Publish Date: 2/18/2020
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA), AND WILL BE GOVERNED BY THE APPLICABLE NATIONAL LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA) AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA), WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY, WHO ENTER FROM THE UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA).
1. Eligibility: Winner’s Choice ReStockX All-Star 2020 (the “Sweepstakes”) is open to: legal residents of the United States (including the District of Columbia) (“USA”) who are at least eighteen (18) years of age or older, who are located in the United States (including the District of Columbia) all at the time of entry. Employees, contractors, directors, officers, representatives and agents of StockX LLC (“Sponsor”), its parent, affiliates, subsidiaries, distributors, sales representatives, and advertising, promotion and judging agencies and all other service agencies involved with the Sweepstakes, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household of each such employee (whether or not related) are not eligible to enter or win.
This Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: StockX LLC, 1046 Woodward Ave., Detroit, MI 48226, [email protected].
3. Sweepstakes Period: The Sweepstakes begins on February 18, 2020, at 12:00 pm Eastern Standard Time (“EST”) and ends on April 2, 2020, at 11:59 pm Eastern Daylight Time (“EDT”) (The “Sweepstakes Period”). The Sweepstakes Period consists of an Entry Period and a Fulfillment Period as follows:
- The Sweepstakes’ “Entry Period” shall start on February 18, 2020, at 12:00 pm EST and ends on February 20, 2020, at 12:00 pm EST;
- The Sweepstakes’ “Fulfillment Period” shall start on February 20, 2020, at 12:01 pm EST and ends on April 2, 2020, at 11:59 pm EDT.
All entries must be submitted during the Entry Period and fulfilled, being the payment of $1 USD (such applicable price, the “Minimum Bid”) for the Product as described below, during the Fulfillment Period to be valid.
4. How to Enter: There are two ways to enter the Sweepstakes as set forth below.
- To enter by making a bid and purchasing the Product: During the Entry Period, go to the StockX mobile app, or StockX.com, log in to your account (or create one for free) and place a valid bid of the minimum bid as a buyer for the items located at https://stockx.com/asw2020-restockx. To be eligible to win one of the prizes (as described below) of the Sweepstakes via this method, you must place a bid of the Minimum Bid during the Entry Period. At the time you place the bid, you will not make any payment. For the avoidance of doubt, bids placed after the Entry Period end time/date (even if placed and completed during the Fulfillment Period) will not be eligible for entry into the Sweepstakes.
- To enter without making a bid by mail-in and purchasing the Product: To enter the Sweepstakes without placing a bid, hand-write your full name, date of birth, mailing address and email address on a 3” x 5” card, and mail to : StockX’s Winner’s Choice ReStockX All-Star 2020 Sweepstakes, 1046 Woodward Ave., Detroit, MI 48226;
- Requests must be postmarked during the Entry Period and received by the last day of the Entry Period to be eligible. The mail-in entry must be in a separate postmarked outer envelope. No facsimiles or mechanical reproductions of entries allowed. Sponsor is not responsible for lost, late, illegible, misdirected, mutilated, incomplete, or postage-due mail/entries. Submissions become the property of Sponsor and will not be returned.
If chosen as a winner in accordance with these Official Rules, you should successfully complete the purchase in accordance with the general terms of sale available at stockx.com by transferring the Minimum Bid to the Sponsor by the end time/date of the Fulfillment Period. If you do not complete the purchase during the Fulfillment Period, your entry will not be valid, and you will not receive the Product.
Individuals who do not follow all of the instructions, provide the required information, successfully submit their bid, timely submit their entry, and/or abide by these Official Rules or other reasonable instructions of Sponsor may be disqualified.
Limit: One (1) entry per person/e-mail address during the entire Sweepstakes Period for bids or mail-in entries.
Automated entries are prohibited, and any use of automated devices will cause disqualification. Any entrant that attempts to complete or submit fraudulent entries will be disqualified (including all of that entrant’s entries) in Sponsor’s reasonably exercised discretion. Entrants may not enter with multiple e-mail addresses nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple e-mail addresses, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s reasonably exercised discretion. Multiple entrants are not permitted to share the same e-mail address. Should multiple users of the same e-mail account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of the said e-mail account at the time of entry will be considered the entrant. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization, which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. All potential winners may be required to show proof of being the Authorized Account Holder.
5. Drawing: On or around February 27, 2020, Sponsor will randomly select, by random number generator, two (2) winners from the United States (including the District of Columbia), from among all eligible entries received during the Sweepstakes Entry Period. Odds of winning a prize depend on the number of eligible entries received. Winners will be able to purchase the prize for the Minimum Bid.
On or around March 3, 2020, potential winners will be notified via the e-mail address and/or telephone number provided during entry into the Sweepstakes. Unsuccessful Participants will not be notified.
The selected winners win the option to purchase one (1) of the following four (4) prizes described below in accordance with the selection process described below (the “Product”) for the Minimum Bid (the option to purchaser constitutes the “prize”). The purchase must be completed during the Fulfillment Period. If a selected winner does not purchase the Product during the Fulfillment Period, the entry will not be valid and the participant will no longer be entitled to obtain the Product.
Potential winners are subject to verification. If a potential winner is found not to be eligible, not in compliance with these Official Rules, if attempted notification or any Product is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize and/or Product as stated, the winner may be disqualified and the prize and/or Product may be forfeited in Sponsor’s reasonably exercised discretion. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected randomly (and, for the avoidance of doubt, a disqualified winner will not be required to pay or purchase the Product after disqualification). Where lawful under applicable law, winners may be required to complete, sign and return an Affidavit of Eligibility/Declaration of Compliance and Liability/Publicity Release, within seven (7) days of attempted notification or prize may be forfeited. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
6. Prize: The prizes available to be won is as follows:
Two (2) winners from the United States will each receive their choice of one (1) of the following in the size of their choice:
- One (1) Jordan 1 Retro High NC to Chi Leather (W): ARV$226 USD
- One (1) Jordan 3 Retro Fire Red Cement (Nike Chi): ARV$280 USD
- One (1) Jordan 5 Retro Off-White Black: ARV$1,006 USD
- One (1) Air Force 1 High Just Don All Star Blue: ARV$568 USD
All Product details (including without limitation size, style, and color) will be determined by Sponsor in its sole discretion, provided that Sponsor shall use commercially reasonable efforts to obtain prizes in the size(s) of the winners’ choice. Approximate Retail Value (“ARV”) is as of the date of printing of these Official Rules. The difference in the value of the Products as stated herein and value at the time of Products notification, if any, will not be awarded. Limit: one (1) prize per person/household. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. If a Product, or any portion thereof, cannot be awarded for any reason, Sponsor shall substitute the Product with another product of equal or greater value or refund the bid at the winner’s choice. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used. The ARV of the Product is based on available information provided to Sponsor and the value of any Product awarded to a winner may be reported for tax purposes where required by law. Winners will be issued an IRS 1099 form where applicable. Please allow 4-6 weeks for shipment of the Product after confirmation.
To the extent permitted under applicable law, winner acknowledges that Promotion Parties (as defined below) have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact, or in law, relative to any prize/Product, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a Product (if any) are subject to the respective manufacturers’ terms, therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
7. Release: As a condition of entering, entrants agree (to the maximum extent permitted by applicable law): (a) to release Sponsor, each of its affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees and agents (“Promotion Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any Product except for warranty claims resulting from the delivery of a defective item or for damages resulting from injury to life, body or health and other damages resulting from a grossly negligent or intentional breach of duty; (b) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
8. Publicity: Except where prohibited by law, each winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
9. General Conditions: To the extent allowed under applicable law, Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its reasonable discretion. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. Sponsor reserves the right, in its reasonably exercised discretion, to disqualify any individual and his/her entries it finds to be tampering with the entry process, the website, or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Binding Arbitration: Any controversy or claim arising out of or relating to this Sweepstakes shall be subject to the jurisdiction determined by applicable law or otherwise settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Michigan law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deem necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE AND IN SECTION 7, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
11. Governing Law & Jurisdiction: Except where prohibited by law, this Sweepstakes and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Michigan. Notwithstanding the above, the entire mandatory law of the country in which the participant has his habitual residence remains applicable.
12. Entrant’s Personal Information: Please see the privacy policy located at https://stockx.com/privacy for details of Sponsor’s policy regarding the use of personal information collected in connection with this Sweepstakes. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
13. Winner’s List: A list of winners will be available at https://stockx.com/news/collected-promo-winners/ on or around March 3, 2020. For all the duration of the Sweepstakes, these Official Rules will be made available on the following website https://stockx.com/news/promotion-rules-page together with any other promotional material regarding the Sweepstakes.
